Court No. - 71
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 184 of 2018 Applicant :- Preeti Sagar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.,Sandeep Kumar Srivastava
Hon'ble Siddharth,J.
Heard Sri Santosh Kumar Singh, learned counsel for the applicant and Sri Sandeep Kumar Srivastava, learned counsel appearing on behalf of opposite party no.2.
This application has been filed praying for transfer of the Session Trial No.166 of 2017 (State Vs. Rahul Kumar) arising out of Case Crime No.98 of 2016, under Sections 376, 506, 377 I.P.C, Police Station Amroha Nagar, District Amroha (J.P.Nagar) from District Amroha to District Bijnor.
Submission is that the applicant is the victim in the case under Section 376, 506, 377 I.P.C. Opposite party no.2 is the accused. She has apprehension about her security at Amroha and has prayed that proceeding of this case may be transferred to District Bijnore, where she is residing along with her brother. The applicant has already filed NCR against opposite party no.2 on 6.6.2018 regarding the incident dated 30.1.2018 which took places at Amroha.
Per contra, learned counsel for the opposite party no.2 has opposed the prayer on the ground that all the other witnesses belong to Amroha and they would face difficulty in reaching Bijnore for giving evidence.
After considering the rival submissions, this Court is of the view that the case should be transferred to a third place where none of the parties are residing.
The District Judge, Amroha (J. P. Nagar) is directed to transfer the record of aforesaid case to Judgeship Moradabad within a period of two weeks from the date of production of a certified copy of this order for assigning it to the appropriate court.
Application is allowed.
Order Date :- 26.2.2019 SS